S.I. No. 198/1980 - Telegraph (Foreign Written Telegram) Regulations, 1980.


S.I. No. 198 of 1980.

TELEGRAPH (FOREIGN WRITTEN TELEGRAM) REGULATIONS, 1980.

I, ALBERT REYNOLDS, TD, Minister for Posts and Telegraphs, in exercise of the power conferred on me by the Telegraph Acts, 1863 to 1904, and which with the consent of the Minister for Finance hereby make the following Regulations:

1. (1) These Regulations may be cited as the Telegraph (Foreign Written Telegram) Regulations, 1980.

(2) These Regulations shall come into operation on 1st day of July, 1980.

2. The Interpretation Act, 1937 ( S.I. No. 38 of 1937 ), applies to these Regulations.

3. In these Regulations—

"Admitted" means admitted by the telegraph service for transmission and "admitting" shall be construed accordingly;

"Foreign Telegram" means a telegram originating in or destined for place outside the State, Northern Ireland, Great Britain, the Channel Islands or the Isle of Man;

"Government telegram" has the meaning assigned to it by Regulation 10 of these Regulations;

"International Telegraph Regulations" means any regulations concerning telegrams which are subject to international agreement under the terms of the International Telecommunication Convention for the time being in force and which have been ratified by the State;

"the Minister" means the Minister for Posts and Telegraphs;

"service indication" means a letter or a number or a word, or any combination of letters, numbers or words used in the international telegram service in the address of a telegram to identify a particular class of telegram or to denote a special service.

4. (1) A foreign telegram shall comprise the following, namely;

( a ) the address (including the service indications if any),

( b ) the text (including the sender's name if desired), and

( c ) the signature.

(2) A foreign telegram must contain both an address and a text and a foreign telegram which only contains an address part shall not be admitted.

5. (1) The address comprised in a foreign telegram must contain all the particulars necessary to ensure delivery of the telegram to the addressee without necessitating the making of enquiries or requests for information.

(2) Every address comprised in a foreign telegram to be admissible must contain at least two words the first designating the addressee and the second the name of the telegraph office of destination. Notwithstanding the foregoing, the address comprised in a foreign telegram relating to the safety of life, foreign money order telegrams or foreign postal cheque telegrams may comprise the appropriate service indication and the name of the telegraph office of destination.

(3) The name of the telegraph office of destination comprised in a foreign telegram must be written as it appears in the List of Telegraph Offices published for the time being by the International Telecommunication Union. Where the name of the place given as the destination does not appear in the said List the name must be followed either by the name of the appropriate territorial subdivision, or by the name of the destination country, or by both these names or by other particulars that are considered by the Minister to be adequate to enable the telegram to be forwarded.

(4) When—

( a ) the other particulars referred to in paragraph (3) of this Regulation are comprised in a foreign telegram, or

( b ) there are two or more telegraph offices of the same name and the sender is unable to furnish to the Minister information to enable the Minister to identify the official designation of the locality in which the address is situate,

the telegram will only be accepted at the sender's risking delivery.

(5) Where an address comprised in a foreign telegram does not comply with the foregoing requirements of this Regulation, the telegram shall not be admitted.

(6) ( a ) The name of the telegraph office of destination specified in a foreign telegram may be suffixed by particulars intended to distinguish it from other offices in the same locality. The aforesaid suffix should be joined to the name of the office of destination by a fraction bar.

Example: Dublin/Talbot Street

( b ) The name of the telegraph office of destination so specified may also be preceded or may be followed by a postal code as given by the sender. Where a postal code is used, the code must be enclosed in brackets.

Example: (CH—1200) GENEVA

( c ) In the cases referred to in sub paragraphs (a) or (b) of this paragraph the whole expression is transmitted as one actual word.

(7) The following categories of address may be used in foreign telegrams provided they are acceptable in the country of destination.

( a ) a full address,

( b ) a registered address, that is to say, an abbreviated or arbitrary address which has been registered in a country or territory other than the State, under a law of that country or territory which corresponds to Regulation 36 of the Telegraph (Inland Written Telegram) Regulations, 1980.

( c ) a telephonic address

( d ) a telex address

( e ) a Poste restante or Telegraphe restant

( f ) Post Office box address,

( g ) such other class or description of address as is for the time being specified for the purposes of this Regulation in rules made by the Minister.

(8) In the case of a foreign telegram which is a foreign radio telegram the name of the land station chosen for transmission of the radio telegram should be given as it appears in the list of coast stations published by the International Telecommunication Union and the name of the destination mobile station should be given as it appears in the appropriate list published by the International Telecommunication Union. If the name of the land station or the name of the destination mobile station does not appear in the said List then the sender must provide such additional particulars as are considered by the Minister to be adequate to enable the radio telegram to be delivered.

(9) Where an abbreviated or arbitrary address is for the time being registered under the Telegraph (Inland Written Telegram) Regulations, 1980, foreign telegrams addressed to such address and received at the office at which the registration has been effected shall be delivered at the corresponding full or correct address.

6. The text of a foreign telegram may be written in plain language or in secret language or both languages may be used together in the text of the same telegram.

The sender of a telegram in secret language must produce the code from which the text or part of the text is compiled if requested to do so by the office at which the telegram is handed in or by any duly authorised officer of the Department.This Regulation does not relate to government telegrams.

7. The signature is not compulsory as regards a foreign telegram. It may be written in any form but if it is written in secret language these Regulations shall apply to it as they apply as regards the text.

8. All or any one or more of the following classes of foreign telegrams may as the Minister may from time to time decide, be admitted in the foreign telegram service, namely:

Ordinary private telegrams,

Service telegrams,

Government telegrams,

Telegrams related to the safety of life,

Telegrams relative to the application of the United Nations Charter,

Telegrams concerning persons protected in time of war by the Geneva Conventions of 12 August, 1949,

Meteorological telegrams,

Money Order telegrams,

Postal Cheque telegrams,

Letter telegrams,

Government Letter telegrams,

Franking privilege telegrams,

Press telegrams, and

Telegrams to and from ships at sea (radiotelegrams)

9. For the purposes of these Regulations a Service Telegram is a foreign telegram sent on the business of the telegraph service. For the said purposes a paid service telegram is a service telegram in respect of which a charge is raised. A service telegram shall not be admitted unless it bears a service indication according to the purpose of the telegram.

10. (1) A foreign telegram sent by any of the following authorities, namely;

( a ) a Head of State,

( b ) a Head of Government or a member of a Government,

( c ) a Commander-in-Chief of a regular military force, whether land, sea or air,

( d ) a diplomatic or consular agent,

( e ) the Secretary General of the United Nations or a Head of any of the Principal Organs of the United Nations,

( f ) the International Court of Justice,

( g ) a reply to a foreign telegram sent by any one or more of the foregoing authorities is in these Regulations referred to as a "Government telegram"

(2) Where the Minister is in doubt as regards the authenticity of a Government telegram he may, before admitting the telegram, require it to bear the seal or stamp of the authority sending it.

(3) Where the Minister is in doubt as regards the authenticity of a reply to a Government telegram, he may, before admitting the reply, require the sender to produce the original of the Government telegram to which it purports to reply.

(4) Government telegrams for which the sender requests priority shall bear the service indication "ETAT PRIORITE" and shall have priority over all telegrams except telegrams relating to the safety of life (SVH) or telegrams relative to the application of the United Nations Charter. Government telegrams for which the sender does not demand priority shall bear the service indication "ETAT" and they shall not be entitled to any priority over ordinary telegrams.

(5) The minimum number of chargeable words as regards a Government telegram shall be the same as for an ordinary private foreign telegram.

11. (1) Foreign telegrams which—

( a ) relate to—

(i) the safety of life on land, at sea, in the air or in outer space, or

(ii) exceptionally urgent epidemiological matters, and

( b ) bear the indication "SVH", (which telegrams are in these Regulations subsequently referred to as "SVH telegrams") are entitled to absolute priority over all other telegrams, but will only be admitted if they refer to the safety of life in cases of exceptional urgency.

(2) The text and signature of SVH telegrams must be in plain language.

(3) The minimum number of chargeable words as regards a SVH telegram shall be the same as for an ordinary private foreign telegram.

12. Foreign Telegrams exchanged in an emergency and relative to the application of the provisions of Chapters VI, VII and VIII of the United Nations Charter shall bear the service indication "ETATPRIORITENATIONS" and shall have priority over all telegrams except telegrams relating to the safety of life. If such foreign telegrams do not bear the said service indication they shall be treated as if they were Government telegrams bearing the service indication "ETAT PRIORITE".

13. Foreign telegrams may be accepted from or for delivery to prisoners of war, civilian internees or relief societies, recognised for the purposes of these Regulations by the Minister. They shall bear the service indication "RCT". The minimum number of chargeable words as regards the aforesaid telegrams shall be the same as for ordinary private foreign telegrams.

14. A foreign meteorological telegram, that is to say, a foreign telegram sent by an official meteorological service or by a station in official relation with such a service, and addressed to such a service or to such a station and which consists solely of meteorological observations or forecasts, shall not be accepted if it bears any service indication other than "OBS". The minimum number of chargeable words as regards a foreign meteorological telegram shall be the same as for ordinary private foreign telegrams.

15. A foreign money order telegram, that is to say, a foreign telegram issued in accordance with the Regulations which are for the time being in force, relate to telegraph money orders and are made by the Minister shall only be admitted if it bears the service indication "MANDAT".

16. A foreign postal cheque telegram, that is to say, a foreign telegram issued in accordance with the Regulations which are for the time being in force, relate to foreign postal cheque telegrams and are made by the Minister shall only be admitted if it bears the service indication "VIREMENT".

17. (1) Foreign letter telegrams, that is to say, foreign telegrams which, subject to these Regulations, are to have the advantage of priority of transmission and delivery shall not be delivered unless they have the service indication—

( a ) in the case of an ordinary such letter telegram, " LT",

( b ) in the case of telegram is a Government Letter Telegram, "LTF"

( c ) in the case the telegram is a ship's letter telegram, "SLT" and

( d ) in the case the telegram is a social letter telegram, "GLT",

(2) The minimum number of chargeable words as regards a foreign letter telegram shall be—

( a ) in case the telegram is a social letter telegram, eleven,

( b ) in any other case, twenty-two.

18. (1) Foreign press telegrams, that is to say, telegrams the texts of which are made up of information or news for publication in newspapers or other periodical publications or for radio or television broadcasting, may, and may only, be addressed to newspapers, or periodical publications, news agencies or bureaux to Press Services of diplomatic missions or to radio or television companies, stations or other bodies lawfully broadcasting.

(2) A foreign press telegram shall not be admitted if it is addressed to a person connected in any capacity whatsoever with any newspaper, periodical, publication, agency, bureau, service, company, station or other body referred to in paragraph (1) of this Regulation.

(3) The Minister may make provisions concerning the acceptance of foreign press telegrams thereby limiting the facility to Press Correspondents duly authorised by him.

(4) A foreign press telegram shall not be admitted unless it bears the service indication "PRESSE".

(5) The minimum number of chargeable words as regards a foreign press telegram shall be fourteen.

19. Foreign telegrams may be forwarded for transmission to a ship at sea or to other stations participating in the maritime mobile service by a land station providing such a service. Such telegrams may also be received by land stations from ships at sea or from other stations participating in the maritime mobile service for delivery to persons on land.

20. No foreign telegram shall be transmitted which contains

( a ) anything dangerous to the security of any State through the territory of which it is to be transmitted, or

( b ) anything contrary to the laws of, or prejudicial to public order in any such State.

21. (1) The sender of a foreign telegram may opt for one or more of the special services referred to in paragraph (2) of this Regulation and provided for the time being by the Minister.

(2) The Minister may provide in relation to the foreign telegraph service all or any one or more of the special services listed in the first column of the table to this Regulation.

(3) Where the sender of a foreign telegram exercises an option under this Regulation, the service indication listed in the second column of the table of this Regulation opposite the mention in the first column thereof of the special service, or, as the case may be, each of the special services in respect of which the option is exercised will be included in the address of the telegram and will be charged for at the rate of one word per service indication, and any such charge shall be in addition to any extra charge which may arise as regards the special service or special services in question.

TABLE

(1)

(2)

Special service

Service indication

Urgent transmission and delivery

URGENT

Prepaid reply

Request for confirmation of delivery

RP

(followed by amount)

PC

Confirmation of delivery

CR

Reforwarding at sender's request

FS

Reforwarding at sender's request from given address(es)

FSDE

(followed by the name(s) of the office(s) of reforwarding)

Redirection at addressee's request

REEXPEDIEDE

(followed by the name(s) of the office(s) of redirection)

De luxe form

LX

De luxe form of condolence

LXDEUIL

Telephone delivery

TF

(followed by telephone number)

Telex delivery

TX

(followed by telex number)

Retention of radiotelegram at coast station

JOUR

(followed by number of days)

22. (1) Subject to Paragraph (3) of this Regulation, the sender of a foreign telegram which is of a category specified in these Regulations shall pay to the Minister the amount calculated at the rate specified in the Schedule to these Regulations in relation to that category.

(2) Notwithstanding paragraph (1) of this Regulation, the Minister may in any case in which he may consider it just or reasonable to do so remit any sum payable under these Regulations.

(3) The minimum charge for an ordinary private foreign telegram is that appropriate to a foreign telegram comprised of seven chargeable words.

23. (1) A refund of the total charge for a foreign telegram or a refund of part of the charge may be made by the Minister in any of the following circumstances:

( a ) where the claim for a refund is received within a reasonable period commencing on the date on which the telegram was handed in;

( b ) where, through not fault of the sender, the telegram (or part of the telegram) is not delivered or is not delivered within a reasonable period;

( c ) where the telegram failed in its purpose through no fault of the sender and because of an alteration or omission by the telegraph service.

( d ) where the telegram was stopped in accordance with the laws of another State on the grounds of security of that State or public order or decency;

( e ) where the telegram had not been transmitted prior to the receipt of notice of cancellation;

( f ) the service paid for was not provided.

(2) In the case of a reply paid telegram the amount of the refund will include the amount prepaid for reply where either the original message or the reply failed its purpose on account of an alteration or omission by the service.

(3) Refunds are normally to be paid to the sender.

24. A foreign telegram shall be subject to the Telegraph (Inland Written Telegram) Regulations, 1980, other than Regulation 1, 4(1), 5, 10(3), 10(4), 11, 23, 40, 41 and 42 thereof, as if it were a telegram described in the said Regulation 4(1).

25. The following are hereby revoked:

( a ) the Telegraph (Foreign Written Telegram) Regulations, 1906 (S.R. and O., No. 523 of 1906);

( b ) the Telegraph (Foreign Written Press Telegram) Regulations, 1906 (S.R. and O., No. 625 of 1906);

( c ) the Telegraph (Foreign Written Press Telegram) Amendment (No. 1) Regulations, 1907 (S.R. and O., No. 1058 of 1907);

( d ) the Telegraph (Foreign Written Telegram) Amendment (No. 1) Regulations, 1915 (S.R. and O., No. 180 of 1915); and

( e ) the Telegraph (Foreign Written Telegram) (Amendment) (No. 2) Regulations, 1940 (S.R. and O., No. 51 of 1940).

SCHEDULE

1. ORDINARY PRIVATE TELEGRAMS

Destination

Rate per word

Standard Rate

Urgent

Rate

Albania, Algeria, Andorra, Austria, Azores, Balearic Is., Belgium, Bulgaria, Canary Is., Cyprus, Czechoslovakia, Denmark, Egypt(Arab Rep.)., Faroe Is., Finland, France, Germany (Dem. Rep), Germany (Fed Rep.), Gibraltar, Greece, Greenland, Hungary, Iceland, Israel, Italy, Lebanon, Liechtenstein, Libya, Luxembourg, Maderia, Malta, Monaco, Morocco, Netherlands, Norway, Poland, Portugal, Roumania, SanMarino,Spain, Spanish Possessions in North Africa, Sweden, Switzerland, Tunisia, Turkey, U.S.S.R., Vatican City and Yugoslavia.

19p

38p

Antiqua, Antilles (Netherlands), Bahamas, Barbados, Belize, Bermuda, Canada, Carriacou, Cayman Islands, Cuba, Dominica Island, Dominican Republic, Grenada, Guadeloupe, Guyana, Haiti, Jamaica, Martinique, Montserrat, Puerto Rico, St. Kitts-Nevis-Anguilla, St. Lucia, St. Pierre and Miquelon, St. Vincent, Tobago, Tortola, Trinidad, Turks Island, U.S.A. (including Alaska and Hawaii Islands) and Virgin Islands (U.S.A.).

25p

50p

All other places

32p

64p

2. The rates for Government Telegrams, Service Telegrams, Telegrams relating to the safety of life (SVH), Telegrams relative to the application of the United Nations Charter and Telegrams concerning persons protected in time of war by the Geneva Conventions of 12 August, 1949 (RCT) (to places where these services are available) are the same as for ordinary private telegrams.

3. The rates for Letter Telegrams and Meteorological Telegrams (to destinations where these services are available) are half the rates for ordinary private telegrams.

4. PRESS TELEGRAMS

Destinations

Rate per word

Standard Rate

Urgent rate

Europe and the Mediterranean Basin

(I) Malta:

6½p

10p

(II) Albania, Algeria, Andorra, Azores, Balearic Islands, Bulgaria, Czechoslovakia, France, Hungary, Israel, Lebanon, Liechtenstein, Libya, Maderia, Monaco, Morocco, Poland, Roumania, Syria, Tunisia, Turkey, U.S.S.R., Vatican City:

9½p

19p

North American and Carribean:

(I) Antiqua, Bahamas, Barbados, Belize, Bermuda, Canada, Carriacou, Cayman Islands, Dominica Islands, Grenada, Guyana, Jamaica, Montserrat, St. Kitts-Nevis-Anquilla, St. Lucia, St. Vincent, Tobago, Tortola, Trinidad and Turks Island:

6½p

13p

(II) Antilles (Netherlands), Cuba, Dominican Republic, Guadeloupe, Haiti, Martinique, Puerto Rico, St. Pierre and Miquelon, U.S.A. (including Alaska and Hawaii Islands) and Virgin Islands (USA):

8p

25p

Rest of the World

(I) Ascension, Australia, Bangladesh, Botswana, Brunei, Chatham Islands, Cocos-Keeling Islands, Cook (Hervey) Island, Falkland Islands, Fiji, Gambia, Ghana, Gilbert and Ellice Islands, Hong Kong, India, Kenya, Lesotho, Malawi, Malaya, Mauritius, Nauru, New Guinea, New Zealand, Nigeria, Norfolk Islands, Papua, Rhodesia, Rodriquez Islands, St. Helena, Sabah, Samoa (Western), Sarawak, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Swaziland, Tanzania, Tonga, Tristan da Cunha, Uganda, Willis Islands and Zambia:

6½p

19p

(II) All other places:

10p

32p

5. RADIOTELEGRAMS

CATEGORY

Route/

Destination

Charge

Ordinary, standard rate

( a ) via Irish or British coast stations

20p per word

( b ) via other coast stations

20p per word (plus cost of a telegram to the country in which the coast station is located at the standard rate)

Ordinary, urgent rate

Available only to coast stations in countries accepting urgent telegrams

20p per word (plus cost of telegram

to country in which coast station is located at urgent rate)

Ordinary, reduced rate

via Irish Coast Stations only

12p per word

Press, standard rate

via Irish or British coast stations

10p per word

Press, reduced rate

via Irish coast stations only

6p per word

Warships, standard rate

( a ) to Ships in Home Fleet

8½p per word

( b ) to Ships serving abroad

12p per word

Marisat, standard rate

via satellite (Marisat)

55p per word

Ships Letter Telegram

via Irish coast stations only

4½p per word

6. MISCELLANEOUS RADIOMARITIME SERVICES

Description

Charge

Notification of Transmission:

(a) via Irish coast station

96p

(b) via British coast station

110p

Cancellation:

(a) Before message sent to coast station

12p

(b) After receipt at coast station and before message sent to ship:

96p

Coast station in Ireland

plus reply

96p

Coast station in Britain

110p

plus reply

110p

Information about ships:

Per enquiry

12p

Abbreviated telegraphic address for radiotelegrams from ships:

Annual fee

31p

Weather forecast

Per enquiry

126p

Position (QTG) enquiry from ships

62p

7. MISCELLANEOUS OTHER SERVICES

(1) Service indications are charged for as one word at the appropriate rate for the category of telegram concerned.

(2) A supplementary charge as for seven words at the appropriate rate for the category of telegram concerned is made for a reply in the case of the following services.

(a) Notice of Delivery

(b) Cancellation of a Telegram

GIVEN under my Official Seal this 26th day of June, 1980.

ALBERT REYNOLDS.

The Minister for Finance hereby consents to the foregoing regulations.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of June, 1980.

MICHAEL O'KENNEDY.

EXPLANATORY NOTE.

These Regulations, which have effect from 1st July 1980

( a ) introduce a new system of counting the number of chargeable words in international telegrams

( b ) replace all previous Regulations relating to foreign telegram services and charges

( c ) increase charges for foreign telegrams and related services.